[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 878 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 878

     To increase public safety by punishing and deterring firearms 
                              trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2021

  Mr. Leahy (for himself, Ms. Collins, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To increase public safety by punishing and deterring firearms 
                              trafficking.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Illegal Trafficking in Firearms 
Act of 2021''.

SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `crime of violence'--
                    ``(A) has the meaning given that term in section 
                924(c)(3); and
                    ``(B) includes a felony offense under the laws of a 
                State that meets the criteria described in subparagraph 
                (A) or (B) of such section 924(c)(3);
            ``(2) the term `drug trafficking crime'--
                    ``(A) has the meaning given that term in section 
                924(c)(2); and
                    ``(B) includes a felony punishable under the law of 
                a State for which the conduct constituting the offense 
                would constitute a felony punishable under the 
                Controlled Substances Act (21 U.S.C. 801 et seq.), the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                951 et seq.), or chapter 705 of title 46;
            ``(3) the term `Federal crime of terrorism' has the meaning 
        given that term in section 2332b(g)(5); and
            ``(4) the term `purchase' includes the receipt of any 
        firearm by a person who does not own the firearm--
                    ``(A) by way of pledge or pawn as security for the 
                payment or repayment of money; or
                    ``(B) on consignment.
    ``(b) Violation.--It shall be unlawful for any person (other than a 
licensed importer, licensed manufacturer, licensed collector, or 
licensed dealer) to knowingly purchase, or attempt or conspire to 
purchase, any firearm in or otherwise affecting interstate or foreign 
commerce--
            ``(1) from a licensed importer, licensed manufacturer, 
        licensed collector, or licensed dealer for, on behalf of, or at 
        the request or demand of any other person, known or unknown; or
            ``(2) from any person who is not a licensed importer, 
        licensed manufacturer, licensed collector, or licensed dealer 
        for, on behalf of, or at the request or demand of any other 
        person, known or unknown, knowing or having reasonable cause to 
        believe that such other person--
                    ``(A) is under indictment for, or has been 
                convicted in any court of, a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(B) is a fugitive from justice;
                    ``(C) is an unlawful user of or addicted to any 
                controlled substance (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802));
                    ``(D) has been adjudicated as a mental defective or 
                has been committed to any mental institution;
                    ``(E) is an alien who--
                            ``(i) is illegally or unlawfully in the 
                        United States; or
                            ``(ii) except as provided in section 
                        922(y)(2), has been admitted to the United 
                        States under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(26)));
                    ``(F) has been discharged from the Armed Forces 
                under dishonorable conditions;
                    ``(G) having been a citizen of the United States, 
                has renounced his or her citizenship;
                    ``(H) is subject to a court order that restrains 
                such person from harassing, stalking, or threatening an 
                intimate partner of such person or child of such 
                intimate partner or person, or engaging in other 
                conduct that would place an intimate partner in 
                reasonable fear of bodily injury to the partner or 
                child, except that this subparagraph shall only apply 
                to a court order that--
                            ``(i) was issued after a hearing of which 
                        such person received actual notice, and at 
                        which such person had the opportunity to 
                        participate; and
                            ``(ii)(I) includes a finding that such 
                        person represents a credible threat to the 
                        physical safety of such intimate partner or 
                        child; or
                            ``(II) by its terms explicitly prohibits 
                        the use, attempted use, or threatened use of 
                        physical force against such intimate partner or 
                        child that would reasonably be expected to 
                        cause bodily injury;
                    ``(I) has been convicted in any court of a 
                misdemeanor crime of domestic violence;
                    ``(J)(i) does not reside in any State; and
                    ``(ii) is not a citizen or lawful permanent 
                resident of the United States;
                    ``(K) intends to sell or otherwise dispose of the 
                firearm to a person described in any of subparagraphs 
                (A) through (J); or
                    ``(L) intends to--
                            ``(i) use, carry, possess, or sell or 
                        otherwise dispose of the firearm in furtherance 
                        of a Federal crime of terrorism, a crime of 
                        violence, or a drug trafficking crime; or
                            ``(ii) export the firearm in violation of 
                        law.
    ``(c) Penalty.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        person who violates subsection (b) shall be fined under this 
        title, imprisoned for not more than 15 years, or both.
            ``(2) Use in crimes of violence.--If a violation of 
        subsection (b) is committed knowing or with reasonable cause to 
        believe that any firearm involved will be used to commit a 
        crime of violence, the person shall be sentenced to a term of 
        imprisonment of not more than 25 years.
    ``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm 
that is lawfully purchased by a person--
            ``(1) to be given as a bona fide gift to a recipient who 
        provided no service or tangible thing of value to acquire the 
        firearm;
            ``(2) to be given to a bona fide winner of an organized 
        raffle, contest, or auction conducted in accordance with law 
        and sponsored by a national, State, or local organization or 
        association;
            ``(3) to be given as a bona fide gratuity to a hunting 
        guide;
            ``(4) to be given as a bona fide bonus to an employee as 
        the result of lawful services performed in the course of an 
        employment relationship; or
            ``(5) to be given as a bona fide commemorative award or 
        honorarium,
unless the purchaser knows or has reasonable cause to believe the 
recipient of the firearm is prohibited by Federal law from possessing, 
receiving, selling, shipping, transporting, transferring, or otherwise 
disposing of the firearm.
``Sec. 933. Trafficking in firearms
    ``(a) In General.--It shall be unlawful for any person to--
            ``(1) ship, transport, transfer, cause to be transported, 
        or otherwise dispose of any firearm to another person in or 
        otherwise affecting interstate or foreign commerce, if such 
        person knows or has reasonable cause to believe that the use, 
        carrying, or possession of a firearm by the recipient would be 
        in violation of any Federal or State law punishable by a term 
        of imprisonment exceeding 1 year;
            ``(2) receive from another person any firearm in or 
        otherwise affecting interstate or foreign commerce, if the 
        recipient knows or has reasonable cause to believe that such 
        receipt would be in violation of any Federal or State law 
        punishable by a term of imprisonment exceeding 1 year; or
            ``(3) attempt or conspire to commit the conduct described 
        in paragraph (1) or (2).
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned for not more than 15 years, or both.
``Sec. 934. Forfeiture and fines
    ``(a) Forfeiture.--
            ``(1) In general.--Any person convicted of a violation of 
        section 932 or 933 shall forfeit to the United States, 
        irrespective of any provision of State law--
                    ``(A) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as the result of such violation; and
                    ``(B) any of the person's property used, or 
                intended to be used, in any manner or part, to commit, 
                or to facilitate the commission of, such violation, 
                except that for any forfeiture of any firearm or 
                ammunition pursuant to this section, section 924(d) 
                shall apply.
            ``(2) Imposition.--The court, in imposing sentence on a 
        person convicted of a violation of section 932 or 933, shall 
        order, in addition to any other sentence imposed pursuant to 
        section 932 or 933, that the person forfeit to the United 
        States all property described in paragraph (1).
    ``(b) Fines.--A defendant who derives profits or other proceeds 
from an offense under section 932 or 933 may be fined not more than the 
greater of--
            ``(1) the fine otherwise authorized by this part; or
            ``(2) the amount equal to twice the gross profits or other 
        proceeds of the offense under section 932 or 933.''.
    (b) Title III Authorization.--Section 2516(1)(n) of title 18, 
United States Code, is amended by striking ``sections 922 and 924'' and 
inserting ``section 922, 924, 932, or 933''.
    (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United 
States Code, is amended by inserting ``section 932 (relating to straw 
purchasing), section 933 (relating to trafficking in firearms),'' 
before ``section 1028''.
    (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by striking ``section 924(n)'' and 
inserting ``section 924(n), 932, or 933''.
    (e) Directive to Sentencing Commission.--Pursuant to its authority 
under section 994 of title 28, United States Code, and in accordance 
with this section, the United States Sentencing Commission shall review 
and amend its guidelines and policy statements to ensure that persons 
convicted of an offense under section 932 or 933 of title 18, United 
States Code, and other offenses applicable to the straw purchases and 
firearms trafficking of firearms are subject to increased penalties in 
comparison to those currently provided by the guidelines and policy 
statements for such straw purchasing and firearms trafficking offenses. 
In its review, the Commission shall consider, in particular, an 
appropriate amendment to reflect the intent of Congress that straw 
purchasers without significant criminal histories receive sentences 
that are sufficient to deter participation in such activities. The 
Commission shall also review and amend its guidelines and policy 
statements to reflect the intent of Congress that a person convicted of 
an offense under section 932 or 933 of title 18, United States Code, 
who is affiliated with a gang, cartel, organized crime ring, or other 
such enterprise should be subject to higher penalties than an otherwise 
unaffiliated individual.
    (f) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, is amended by adding at the 
end the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.

SEC. 3. AMENDMENTS TO SECTION 922(D).

    Section 922(d) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (3) by striking the matter following paragraph (9) and 
        inserting the following:
            ``(10) intends to sell or otherwise dispose of the firearm 
        or ammunition to a person described in any of paragraphs (1) 
        through (9); or
            ``(11) intends--
                    ``(A) to sell or otherwise dispose of the firearm 
                or ammunition in furtherance of a Federal crime of 
                terrorism, a crime of violence, or a drug trafficking 
                offense, as such terms are defined in section 932(a); 
                or
                    ``(B) to export the firearm or ammunition in 
                violation of law.
This subsection shall not apply with respect to the sale or disposition 
of a firearm or ammunition to a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector who pursuant to 
subsection (b) of section 925 is not precluded from dealing in firearms 
or ammunition, or to a person who has been granted relief from 
disabilities pursuant to subsection (c) of section 925.''.

SEC. 4. AMENDMENTS TO SECTION 924(A).

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``(d), (g),''; and
            (2) by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (d) or (g) of section 
922 shall be fined under this title, imprisoned for not more than 15 
years, or both.''.

SEC. 5. AMENDMENTS TO SECTION 924(D).

    Section 924(d) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``932, or 933,'' after 
        ``section 924,''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(G) any offense under section 932 or 933.''.

SEC. 6. AMENDMENTS TO SECTION 924(H).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h)(1) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing or having 
reasonable cause to believe that such firearm or ammunition will be 
used to commit a Federal crime of terrorism, a crime of violence, or a 
drug trafficking crime (as such terms are defined in section 932(a)), 
or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), 
the International Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 
et seq.), shall be fined under this title, imprisoned for not more than 
15 years, or both.
    ``(2) No term of imprisonment imposed on a person under this 
subsection shall run concurrently with any term of imprisonment imposed 
on the person under section 932.''.

SEC. 7. AMENDMENTS TO SECTION 924(K).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (k) and inserting the following:
    ``(k)(1) A person who smuggles or knowingly brings into the United 
States a firearm or ammunition, or attempts or conspires to do so, with 
intent to engage in or to promote conduct that--
            ``(A) is punishable under the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
        46; or
            ``(B) constitutes a Federal crime of terrorism, a crime of 
        violence, or a drug trafficking crime (as such terms are 
        defined in section 932(a)),
shall be fined under this title, imprisoned for not more than 15 years, 
or both.
    ``(2) A person who smuggles or knowingly takes out of the United 
States a firearm or ammunition, or attempts or conspires to do so, with 
intent to engage in or to promote conduct that--
            ``(A) would be punishable under the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 
        of title 46, if the conduct had occurred within the United 
        States; or
            ``(B) would constitute a Federal crime of terrorism or a 
        crime of violence (as such terms are defined in section 932(a)) 
        for which the person may be prosecuted in a court of the United 
        States, if the conduct had occurred within the United States,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.''.

SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS.

    The Department of Justice, and any of its law enforcement 
coordinate agencies, shall not conduct or otherwise facilitate the 
transfer of an operable firearm to an individual if any law enforcement 
officer employed by the Department of Justice involved with the 
transfer knows or has reasonable cause to believe that the recipient of 
the firearm is an agent of a drug cartel, unless law enforcement 
personnel of the United States continuously monitor or control the 
firearm at all times.

SEC. 9. RULE OF CONSTRUCTION.

    Nothing in this Act, or an amendment made by this Act, shall be 
construed to allow the establishment of a Federal system of 
registration of firearms, firearms ownership, or firearms transactions 
or dispositions.
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